Football superstar Jermaine Cunningham is now the most recognizable face of the movement to prosecute more people who distribute racy photos and videos to intimidate or humiliate former lovers or others. He allegedly sent naked pictures of a woman to the victim’s friends and family after a “domestic incident” (source), and has been arrested and charged in New Jersey.
Now that smart phones and social networks have become part of many Americans’ daily lives, so have internet harassment, ruined reputations, lost jobs, and a host of other malicious actions. As the internet becomes a more and more essential tool for everyday life, its potential for being used to inflict serious harm also increases.
California pioneered the first revenge porn law, passed in October 2013, and the first conviction occurred just last December 2014 (source). A Los Angeles, California court convicted Noe Iniguez, who he posted nude photos of his ex-girlfriend on her employer’s Facebook page, and urged her employer to fire her.
Mr. Iniguez was sentenced to one year in jail, 36 months of probation, and was required to attend domestic violence counseling as a result of violating the state’s revenge porn statute and two restraining orders.
His case, and that of Jermaine Cunningham, illustrate a disturbing trend that has taken hold of many parts of American culture. These vengeful attacks are becoming more and more frequent, so lawmakers are scrambling to combat it.
While just about everyone agrees that no one should have to endure public humiliation after a break-up, especially in such a blatantly offensive way, some wonder if it’s a legal issue or just a social one. Many are becoming concerned about protecting First Amendment rights.
The First Amendment of the United States Constitution reads:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
So this Amendment protects the freedom of religion, press, and expression for all Americans. The million-dollar question is whether the importance of stopping people from deliberately humiliating ex-lovers and others supersedes the protections provided by the First Amendment.
Each state has to decide for itself, balancing the right to freedom of speech with the desire to stop revenge porn from becoming increasingly common.
Internet crimes such as revenge porn have come to the forefront of nearly every American courtroom. If you or someone you know has been charged with an internet crime, sex crime, or any other felony or misdemeanor charge, contact expert criminal defense attorney Dan Chambers. He knows every aspect of California state laws, he has many years of proven success as a defense attorney, and he will do everything in his power to defend your case aptly.
Call 714-760-4088 to schedule a free initial consultation today.
